EMERALD LUMBER COMPANY v. UNITED STATES

No. 14017.

278 F.2d 840 (1960)

EMERALD LUMBER COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

June 3, 1960.


Attorney(s) appearing for the Case

Charles Ginocchio, Cincinnati, Ohio, for appellant, John A. Scanlon, Cincinnati, Ohio, on the brief.

Thomas Stueve, First Asst. U. S. Atty., Cincinnati, Ohio, and Gerald E. Jessup, Atty., Interstate Commerce Commission, Washington, D. C., for appellee, Hugh K. Martin, U. S. Atty., Cincinnati, Ohio, on the brief.

Before McALLISTER, Chief Judge, and MARTIN and O'SULLIVAN, Circuit Judges.


MARTIN, Circuit Judge.

Emerald Lumber Company was convicted by jury verdict on fifteen counts charging violation of Title 49, Section 41(1), United States Code Annotated, commonly called the "Elkins Act." The United States District Judge sentenced appellant to pay aggregated fines of $17,500 on the fifteen counts.

The Elkins Act, for the violation of which appellant was convicted, makes it "unlawful for any person, persons, or corporation to offer, grant,...

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